Commonwealth Numbered Regulations - Explanatory Statements

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PETROLEUM (SUBMERGED LANDS) (MANAGEMENT OF SAFETY ON OFFSHORE FACILITIES)REGULATIONS (AMENDMENT) 1997 NO. 296

STATUTORY RULES 1997 No. 296

Issued by the Authority of the Minister for Resources and Energy

Petroleum (Submerged Lands) Act 1967

Petroleum (Submerged Lands) (Management of Safety on Offshore Facilities) Regulations (Amendment)

Subsection 157(1) of the Petroleum (Submerged Lands) Act 1967 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted to be prescribed or are necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Subregulation 39(1) of the Petroleum (Submerged Lands) (Management of Safety On Offshore Facilities) Regulations (the Regulations) ensures a person is not punished for more than one offence in respect of the same act or omission in relation to the management of safety on offshore petroleum facilities. Subregulation 39(2) ensures a person is not prevented from being punished for two or more offences; merely because a particular act or omission is a common element of each of the offences (for example where offence 'A' has elements 1, 2 and 3, and offence 'B' has elements 3, 4 and 5.).

The proposed amendment will omit Subregulation 39(2) from the Regulations which came into effect on 30 December 1996 (Statutory Rules 1996 No. 298).

After these regulations were introduced, the Senate Standing Committee on Regulations and Ordinances drew attention to the fact that subregulation 39(2) appeared to take away a lot of the protection given by subregulation 39(1) against liability to be-punished more than once for the same act or omission.

The matters raised by the Standing Committee were referred to the Office of Legislative Drafting and the Criminal Law Branch of the Attorney-General's Department for consideration and advice was subsequently received confirming the possible problem highlighted by the Standing Committee.

Details of the regulations are set out below.

Regulation 1 provides for the amendment of the Regulations.

Regulation 2 provides for the omission of subregulation 39 (2)

The Regulations commence on gazettal.